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Patna High Court

Chandan Kumar @ Chandan KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that the petitioner is entitled to bail.

Summary

Chandan Kumar was arrested in connection with a case alleging that he ordered a firing which injured a person while five men assaulted an informant during wheat threshing. He faced charges under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner pleaded innocence, claiming false implication due to prior enmity, and highlighted his clean criminal record and the simple nature of the injury. The State opposed bail. The court, after considering the nature of the allegations, the length of custody, and the petitioner’s clean antecedent, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and appearance in court.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under the Bharatiya Nyaya Sanhita and the Arms Act

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • false implication
  • injury
  • order to fire

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36331 of 2026
                    Arising Out of PS. Case No.-100 Year-2026 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
                 Chandan Kumar @ Chandan Kushwaha S/o Naveen Prasad @ Navin Kumar
                 R/o Village - Ugawan, P.O - Ugawan, P.S - Asthawan, District - Nalanda
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Pankaj Kumar, Advocate
                 For the Opposite Party/s :     Mr.Suresh Prasad Singh, APP
                 For the Informant        :     Mr. Aditya Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   08-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Asthawan P.S. Case No. 100 of 2026, registered for the offenses

                   punishable under Sections 109, 115(2), 126(2), 351(2), 352, and

                   3(5) of the Bharatiya Nyaya Sanhita (BNS) along with Section

                   27 of the Arms Act.

                                3. The allegation is that while the informant was

                   cutting wheat, five persons, including the petitioner, approached

                   the thresher and began abusing and assaulting him. It is further

                   alleged that the petitioner gave the order to fire, which hit the

                   left leg of Satish Kumar, causing him to sustain an injury.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case due to previous enmity. It is submitted that the allegation of
           Patna High Court CR. MISC. No.36331 of 2026(3) dt.08-07-2026
                                                       2/2




                     firing is against co-accused persons and not against the

                     petitioner. The only allegation against the petitioner is of giving

                     the order to fire. It is further submitted that the injury sustained

                     by the victim is simple in nature, as per the injury report. The

                     petitioner has been in custody since 24-04-2026 and has no

                     criminal antecedent.

                                  5. Learned APP for the State opposes the prayer for

                     bail.

                                  6. Considering the facts and circumstances of the

                     case, the nature of the allegation against the petitioner, the

                     period of custody, and the clean antecedent, let the petitioner,

                     above named, be released on bail on furnishing bail bond of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Chief Judicial Magistrate,

                     Nalanda at Biharsharif, in connection with Asthawan P.S. Case

                     No. 100 of 2026, subject to the condition that the petitioner shall

                     cooperate in the trial and remain present on each and every date

                     fixed by the court below. This is made clear if the petitioner fails

                     to appear on two consecutive dates without any reasonable

                     cause, the court below shall be at liberty to cancel his bail

                     bonds.



                                                      (Ansul, J)
Vikash/-

U      T


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